Migration Law: Fees, Conduct, Visa Subclass 457 and Regulations

This report delves into the intricacies of migration law, examining the role of migration agents, their fee structures, and the relevant code of conduct. It explores the requirements for registration, including professional indemnity insurance and English proficiency. The report also analyzes the subclass 457 temporary business entry visa, outlining its eligibility criteria, benefits, and limitations. Furthermore, it investigates the Migration Agents Registration Authority (MARA) and its functions in regulating the migration process. The report addresses scenarios involving visa applications, payment issues, and the responsibilities of migration agents in upholding ethical standards and adhering to regulations. The report also outlines the legislative framework governing migration agents, including the Migration Act 1958 and the Migration Agents Regulations 1998, with references to relevant sections and provisions. The report concludes by emphasizing the importance of ethical conduct, diligent service, and adherence to the established rules within the migration law framework.

Running head: MIGRATION LAW
Migration Law
Name of the Student
Name of the University
Author Note

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Question 1
To
Jeffery
Wood Engineering is hiring the migration agent; Jaffery Jacob who has completed the Graduate
Certificate in Migration Law and Practice for became a migration agent. In the company the
Human Resource Manager has asked to him about his fees ad disbursement. Jaffery Jacob is now
provide the give the details of his fees and including $3,800.00 as professional fees including
GST plus disbursements which will be pay to the Department of Immigration and Border
Protection (DIBP). For complete the migration agent he need to fill the forms under Migration
Act 1958, the Migration Agents Regulations 1998 and the Code of Conduct1.
The Migration Act 1958 was formed for the implementation of the administration in the
Migration Reform Act 1992 through the Minister for Immigration and Border Protection. The
Australian Government has made the provision for the registration of the migration agent. The
act has been proceeding for the misconduct of migration agent to work according to the code of
conduct for the modification and development of the quality of services for migration2.
The person who is registered under this act must have the ability to control and enquiry
about all the issues regarding the migration of visa and help to regulate the rules. when someone
complain about any issue regarding the migration of the visa process then, the migration agent
solve the migration process according to the needed. The Migration Agents Registration
1 Akbari, Ather H., and Martha MacDonald. "Immigration policy in Australia, Canada, New Zealand, and the United
States: An overview of recent trends." International Migration Review 48.3 (2014): 801-822.
2 Campbell, Iain, and Joo-Cheong Tham. "Labour market deregulation and temporary migrant labour schemes: An
analysis of the 457 visa program." (2014).

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Authority (MARA) has working on the self-regulation of the migration process. The board
members works through the MIA boards and works on the registration, monitoring,
investigations, imposing disciplinary sanctions on migration agents. Sometimes they involve the
lawyers in the process. The persons who are completed the age of 18 years can register for the
migration agent under the 286 of the Migration Act 1958. Only individual persons can apply for
the position under the 293 of Migration Act 1958 for completed the 18 years and above3. The
partnership, an association or unincorporated bodies are not allowed to register for the migration
agent4. When one migration agent is not able to attain the client due to sickness, leave of absence
or having ceased to practice the then another migration agent can take the authority to control the
case5.
The migration agent gets the registration by the registration under the Registration
Applicants page from the MARA website which will only applicable in between 30 days of the
register period. The sec- 288(3) of the Migration Act introduced the legislation where the
registration must follow the MARA websites and sec- 288(5) of Migration Act 1958 provide the
provision of giving fees of the registration under the through Migration Agents Registration
Application Charge Regulations 1998 whereas, the sec- 294 of the Migration Act provide the
legislation for the agent who should be the citizen of Australia who has the permanent resident of
Australia or the New Zealand6.
3 Akbari, Ather H., and Martha MacDonald. "Immigration policy in Australia, Canada, New Zealand, and the United
States: An overview of recent trends." International Migration Review 48.3 (2014): 801-822.
4 Campbell, Iain, and Joo-Cheong Tham. "Labour market deregulation and temporary migrant labour schemes: An
analysis of the 457 visa program." (2014).
5 Boucher, Anna, and Lucie Cerna. "Current policy trends in skilled immigration policy." International Migration
52.3 (2014): 21-25.
6 Boucher, Anna, and Lucie Cerna. "Current policy trends in skilled immigration policy." International Migration
52.3 (2014): 21-25.

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The MARA course must obtain and offered by the Australian National University (ACT),
Griffith University (Qld), Victoria University (Vic) and Murdoch University (WA). Therefore
they should pass the exam for applying for the registration. The migration agent must have the
proficient in English and must score 6.5 in speaking, reading, listening and writing. The test will
be taken through the IELTS test for getting the required 6.5 score in the English test. They are
also require to be a fit, good character and integrity person and not have any past records of any
undischarged bankrupts. In between 5 years the applicant never applies for cancellation of the
registration certificate under sec- 292 of Migration Act7. They also require a character certificate
from the Australian Federal Police8.
The amount which must imposed for the allowance of the visa is included the general
fees is $420, nomination fees must be $330 and for the main application the fees will be $1060.
The other additional charges should be $700.
The applicant who is applying for the migration agent position should have the
professional indemnity insurance. According to the sec- 292B of the Migration Act 1958 and
Regulation 6B of the Migration Agents Regulations 1998 define the legislation where the
applicant of the migration agent must get the coverage of minimum $250,000 of the professional
indemnity insurance. The insurance amount is only reusable when the migration agent applies
for the repeat registration. The professional indemnity insurance only helps to the migration
agents only when the insurance provider will provide the coverage to them9.
7 Boucher, Anna, and Lucie Cerna. "Current policy trends in skilled immigration policy." International Migration
52.3 (2014): 21-25.
8 Campbell, Iain, and Joo-Cheong Tham. "Labour market deregulation and temporary migrant labour schemes: An
analysis of the 457 visa program." (2014).
9 Akbari, Ather H., and Martha MacDonald. "Immigration policy in Australia, Canada, New Zealand, and the United
States: An overview of recent trends." International Migration Review 48.3 (2014): 801-822.

4MIGRATION LAW
The disbursement define the license conveyance which should be incurred by the
solicitor or lawyer who can able to claim the amount out if the general convincing work. In every
state the amount the disbursement is fixed for the charges of conveyancing work. It is proceed
through the obtaining of the government certificates, registration of mortgage property, public
authorities, and administrative documents like photocopying, mailing, pest inspection, attained
settlement and strata reports under strata title. The out of pocket expenses defines the capital of
amount which is paid by the individual through their own cash reserves10.
The Class UC sub-class 457 Temporary Business Entry visa defines the visa
opportunity where the workers who obtain their job in Australia for the temporary period. They
should have a valid visa application under the Class UC sub-class 457 Temporary Business Entry
visa. The important requirements are:
 The persons who are applying under the visa application must have the valid visa
application which will be applicable for 4 years to take the resident n Australia along
with their family members11.
 The subclass 457 visa holders have no limitation for travelling in and out of Australia.
 The workers who will apply for the Class UC sub-class 457 Temporary Business
Entry visa must have an approval from the sponsored of Department of Immigration and
Border Protection.
 The workers must have the minimum skills in the English language.
 They should have a tested health certificate for applicant under the visa process.
10 Boucher, Anna, and Lucie Cerna. "Current policy trends in skilled immigration policy." International Migration
52.3 (2014): 21-25.
11 Akbari, Ather H., and Martha MacDonald. "Immigration policy in Australia, Canada, New Zealand, and the
United States: An overview of recent trends." International Migration Review 48.3 (2014): 801-822.

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 The 457 visa holders only allowed for the up to 4 years of temporary resident in Australia
but a part of them they can also get the permanent residential visa in Australia trough the
application under the Class UC sub-class 457 Temporary Business Entry visa only
when they are able to prove the appropriate reason to get their permanent resident in
Australia.
 The worker who holds the Class UC sub-class 457 Temporary Business visa only work
under the nominated occupation of the sponsor employer. Without the sponsorship it is
not possible for the workers to get the visa and resident in Australia12.
 When the other workers are allowed to work under the Class UC sub-class 457
Temporary Business visa through a sponsor employee, the persons who are medical
practitioners ad general managers have right to work under the associated entity trough
the sponsor and in addition of the nominated occupations13.
12 Breen, Fidelma. "Australian Immigration Policy in Practice: a case study of skill recognition and qualification
transferability amongst Irish 457 visa holders." Australian Geographer 47.4 (2016): 491-509.
13 Boucher, Anna, and Lucie Cerna. "Current policy trends in skilled immigration policy." International Migration
52.3 (2014): 21-25.

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Question 2
The Code of Conduct for the Migration agent is recognized under the Migration Agents
Regulations 1998 No. 53, Schedule 2, Regulation 8 and the Migration Act 1958Subsection
314(1) which also fulfill the requirement of the conduct of migration of the individuals who want
to advice their clients. The recognized requirements for the migration agents are:
 The migration agents should communicate or interact with their clients for having every
detail of information and their status.
 The migration agents must fix their fees for solving the issues of the clients regarding the
visa processing. When they processed with the clients it is their duty to keep every details
and tract the fees and expenses which they will get for their services. They also need to
maintain the financial management records of the client for future transaction.
 When one agent is not able to work fpr the client then another agent can work behalf of
him. When the new migration agent works for the client they also need to maintain the
records of the fees and other details of the clients14.
 It is the duty of the migration agent that they will do their best behavior with the clients
and act with proper honesty and diligence. The deals should be fair and good for them
also.
 Under the code of the conduct of the migration agent also has the duty to establish of
their best standard of the prudent system for the administration of the Australian
government15.
14 Francis, Ronald D. Birthplace, migration and crime: the Australian experience. Springer, 2014.
15 Francis, Ronald D. Birthplace, migration and crime: the Australian experience. Springer, 2014.

7MIGRATION LAW
 The migration agent must find the issues regarding the migration process of visa and
solve the issues according to the need of the clients in the migration process.
In the sub-class visa process there are two sectors where validity of visa has been
described. In this case the problem has been occur when the applicant has stated that to the
migration agent that she has been paid less for the visa application after four months of the
lodging for the application. Therefore, according to the Migration Act the actual procedure
should follow some Migration regulation where the terms and conditions should process
accordingly. Here, according to case study, Josephine has stated to Jeffrey about her the non-
payment for the applicant visa. Now for being a migration agent it is the duty of Jeffrey to solve
the case according to the requirement of his client who is Josephine and proceed. Therefore, in
this sector it can be stated that according to the code of conduct of Migration Act, an intension
has been establish to solve the visa problems16.
According to the Code of Conduct it has been also mentioned that the registered
migration agent must follow the regulation and apply those as per the situation of the client. The
regulation provides the rules and legislations about the behavior by the migration agent towards
their client. They must proceed diligently and never violent the rules or make any violence with
the clients also. Another issue has been found that the client has told to the migration agent about
that she has been failed to pay the amount which must be payable to the company17. Now it is the
duty of Jeffrey to investigate and enquiry about the issues which has been mentioned by
Josephine of the less payment to the Wood Engineering18. He is the migration agent of Wood
Engineering. Therefore it is his duty to make the conversation with the client regarding the visa
16 Breen, Fidelma. "Australian Immigration Policy in Practice: a case study of skill recognition and qualification
transferability amongst Irish 457 visa holders." Australian Geographer 47.4 (2016): 491-509.
17 Francis, Ronald D. Birthplace, migration and crime: the Australian experience. Springer, 2014
18 Francis, Ronald D. Birthplace, migration and crime: the Australian experience. Springer, 2014.

8MIGRATION LAW
issues and communicate with them. In addition he has also the duties towards the client where it
should be process with proper diligent and honesty towards the client and they must asked for the
charges for their services19.
19 Breen, Fidelma. "Australian Immigration Policy in Practice: a case study of skill recognition and qualification
transferability amongst Irish 457 visa holders." Australian Geographer 47.4 (2016): 491-509.

9MIGRATION LAW
Reference
Akbari, Ather H., and Martha MacDonald. "Immigration policy in Australia, Canada, New
Zealand, and the United States: An overview of recent trends." International Migration Review
48.3 (2014): 801-822.
Aleinikoff, T. Alexander, and Douglas Klusmeyer, eds. From migrants to citizens: Membership
in a changing world. Brookings Institution Press, 2013.
Boucher, Anna, and Lucie Cerna. "Current policy trends in skilled immigration policy."
International Migration 52.3 (2014): 21-25.
Breen, Fidelma. "Australian Immigration Policy in Practice: a case study of skill recognition and
qualification transferability amongst Irish 457 visa holders." Australian Geographer 47.4 (2016):
491-509.
Campbell, Iain, and Joo-Cheong Tham. "Labour market deregulation and temporary migrant
labour schemes: An analysis of the 457 visa program." (2014).
Fitzgerald, Jennifer, David Leblang, and Jessica C. Teets. "Defying the law of gravity: The
political economy of international migration." World Politics 66.3 (2014): 406-445.
Francis, Ronald D. Birthplace, migration and crime: the Australian experience. Springer, 2014.
Groutsis, Dimitria, Di van den Broek, and Will S. Harvey. "Transformations in network
governance: the case of migration intermediaries." Journal of Ethnic and Migration Studies 41.10
(2015): 1558-1576.

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Hersch, Anthony. "Disbursement funding: The benefits for SME law firms." Precedent (Sydney,
NSW) 139 (2017): 46.
Hollifield, James, Philip Martin, and Pia Orrenius. Controlling immigration: A global
perspective. Stanford University Press, 2014.
Humphrey, Michael. "Securitization of Migration: an Australian case study of global trends."
Revista Latinoamericana de Estudios sobre Cuerpos, Emociones y Sociedad 6.15 (2014): 83.
Jacobs, Keith. Experience and representation: Contemporary perspectives on migration in
Australia. Routledge, 2016.
Murphy, Kerry. "Breaking down the 457 visa changes." Eureka Street 27.7 (2017): 8.
Rhode, Deborah L. "What We Know and Need to Know About the Delivery of Legal Services
by Nonlawyers." SCL Rev. 67 (2015): 429.
Wright, Chris F., and Andreea Constantin. "An analysis of employers’ use of temporary skilled
visas in Australia." Submission to the Senate Education and Employment References Committee
Inquiry into the Impact of Australia’s Temporary Work Visa Programs on the Australian Labour
Market and on the Temporary Work Visa Holders (2015).